Statute of Limitations
New York CPLR § 214-c provides a 3-year statute of limitations for latent disease claims running from the date of discovery of the disease (mesothelioma diagnosis). New York Supreme Court in Manhattan (Index 190000) is one of the largest asbestos litigation dockets in the world, with specialized asbestos judges and well-developed case law. New York uses pure comparative negligence.
3 years from diagnosis
Where to File in New York
New York is one of the nation's most active asbestos litigation states. Cases are centralized in New York City Asbestos Litigation (NYCAL) in Manhattan Supreme Court, which has managed consolidated asbestos dockets since 1988. Upstate cases are filed in county Supreme Courts in Erie (Buffalo), Onondaga (Syracuse), and Albany. Trust claims against all major asbestos bankruptcy funds — Johns Manville, W.R. Grace, Owens Corning, Celotex, and others — run parallel to court proceedings.
New York's statute of limitations for mesothelioma is 3 years from diagnosis or discovery of the disease's asbestos cause. Wrongful death claims must be filed within 2 years of death. NYCAL courts apply strict case management orders and have developed extensive precedent on causation standards, proportionate liability, and punitive damages, making experienced New York asbestos counsel essential.
NYCAL has been one of the most plaintiff-favorable asbestos dockets in the country, though case management reforms in recent years have raised medical criteria and causation hurdles. The Brooklyn Navy Yard (1801–1966) produced thousands of mesothelioma cases among shipfitters, pipefitters, and insulators; it remains the single largest source of asbestos exposure claims in New York state history.
Beyond the Navy Yard, New York exposure sites include Con Edison steam plants and substations throughout the five boroughs, Buffalo-area steel mills (Bethlehem Steel, Republic Steel), construction trades citywide, and numerous commercial and residential buildings insulated with Unarco or Ruberoid asbestos products. The building trades — electricians, plumbers, steamfitters — account for a large share of New York mesothelioma cases.
Exposure in New York
Source: New York State Cancer Registry 2024
Source: NIOSH New York Occupational Data
Source: New York Courts Annual Report 2024